H 3277 Session 112 (1997-1998)
H 3277 General Bill, By Stuart, J.G. Felder and Govan
Similar(S 241)
A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG
COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION
BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY
SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
01/21/97 House Introduced, read first time, placed on calendar
without reference HJ-16
01/23/97 House Debate adjourned until Tuesday, January 28, 1997 HJ-9
01/29/97 House Debate adjourned until Tuesday, February 4, 1997 HJ-15
02/04/97 House Read second time HJ-21
02/05/97 House Read third time and sent to Senate HJ-24
02/06/97 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-12
02/07/97 Senate Read second time SJ-1
02/07/97 Senate Ordered to third reading with notice of amendments SJ-1
06/04/97 Senate Amended SJ-87
06/04/97 Senate Read third time and returned to House with
amendments SJ-87
06/05/97 House Point of order- Senate amendments not printed and
on members desks for 24 hours HJ-55
01/13/98 House Debate adjourned on Senate amendments until
Wednesday, January 14, 1998 HJ-66
01/14/98 House Tabled HJ-10
AS PASSED BY THE SENATE
June 4, 1997
H. 3277
Introduced by Reps. Stuart, Felder and Govan
L. Printed 6/4/97--S.
Read the first time February 6, 1997.
_____
A BILL
TO AMEND ACT 526 OF 1996, RELATING TO THE
CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL
DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL
OBLIGATION BONDS AND THE CONDUCTING OF ANY
REFERENDUM NECESSARY TO ISSUE BONDS BY ANY
SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE
JULY 1, 1997.
Amend Title To Conform
Whereas, Act 526 of 1996 consolidated the eight school districts of
Orangeburg County into three districts effective July 1, 1997; and
Whereas, the effects of this school district consolidation shall have
major impacts on the financial status and construction and renovation
needs of Orangeburg County Schools; and
Whereas, it is appropriate for these financial impacts and construction
and renovation needs to be addressed by the boards of trustees of the
newly consolidated Orangeburg County Consolidated School
Districts Three, Four, and Five. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 2A of Act 526 of 1996 is amended to read:
"(A) Each consolidated school district shall be governed by
a board of trustees of seven members who must be elected in
nonpartisan elections to be held beginning in 1997 in the manner
hereinafter provided. Each member of the board must be a resident
of and elected from single-member election districts provided in this
act. The members of each board shall elect a chairman and such
other officers as they deem necessary to serve for terms of one
year in these capacities. The 1997 nonpartisan election shall be
held on the third Tuesday in January, 1997. After the 1997 election,
members of each board shall thereafter be elected at nonpartisan
elections to be conducted on the first Tuesday after the first Monday
of November every two or four years thereafter as applicable
beginning in 1999. Members of each board shall be elected for
four-year terms and until their successors are elected and qualify,
except that of the seven members of each board elected in 1997, the
members elected from election districts one, three, five, and seven
shall serve for initial terms to expire in November, 2001, when their
successors elected at the 2001 election qualify and take office, and
the members elected from election districts two, four, and six shall
serve for initial terms to expire in November, 1999, when their
successors elected at the 1999 election qualify and take office. 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 one
hundred eighty days of a regular trustee election. In this case, the
vacancy must be filled for the unexpired term through appointment
by the county legislative delegation. All members of each board shall
serve until their successors are elected and qualify.
Each member of the board must be elected by the qualified electors
of the single-member district from which he seeks election. All
persons desiring to qualify as a candidate shall file written notice of
candidacy with the county election commission on forms furnished
by the commission. This notice of candidacy must be a sworn
statement and must include the candidate's name, age, election district
from which he resides and seeks election, voting precinct, period of
residence in the county and election district, and other information as
the county election commission requires. The filing period opens on
the first day of November, 1996, at noon to run for two weeks for the
1997 election to expire at noon of the last day of the filing period and
thereafter is as provided in Section 7-13-352 of the 1976 Code. The
results of the elections must be determined by the nonpartisan
plurality method as contained in Section 5-15-61 of the 1976 Code.
The county commissioners of election shall conduct and supervise
the elections for members of each 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 elections in the same manner
provided in Section 7-13-35 of the 1976 Code. The results of the
elections must be determined by the nonpartisan plurality method as
contained in Section 5-15-61 of the 1976 Code.
The members of each 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."
SECTION 2. Section 4(C) of Act 526 of 1996 is amended to read:
"(C) For purposes of 1997 only, the millage levied for the
previous year of a consolidated district must be derived by dividing
the total revenue raised in 1996 from school tax millage by each of
the former school districts of the county now a part of that
consolidated district by the total 1996 assessed value of all taxable
property of those former districts less thirty
twenty-five mills for general operations."
SECTION 3. Section 5 of Act 526 of 1996 is amended to read:
"Section 5. (A) Beginning with the year 1997, a
countywide school tax millage levy of twenty-five mills for operating
purposes is hereby imposed and shall be distributed by the county
board to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by
dividing the total value of a countywide mill by the total average
daily membership (ADM) of the three consolidated districts. The
ADM will be determined by the prior year one hundred thirty-five
day report for each district.
Step 2. Determine each district's wealth per student by dividing
the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per
student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy
district by multiplying that district's variance from the highest wealth
per student by the district's ADM and multiplying by 25
mills; equalize the next least wealthy district by multiplying
that district's variance from ninety-five percent of the highest wealth
per student by the district's ADM and multiplying by 25
mills.
Step 5. The district with the lowest wealth per student is
assigned one mill.
Step 6. Consolidated District Five will receive five mills for
hold harmless purposes. These mills will be phased out by reducing
the hold harmless mills by one each year beginning in 1998
1999 so that the hold harmless for District Five totals three
mills. The amount of hold harmless funds will be calculated by
multiplying the value of a countywide mill times the number of hold
harmless mills; less the district's equalized funds from the wealth per
student calculation; plus the district share of the mill assigned to the
district with the lowest wealth per student. The value of the mills
phased out from the hold harmless for Consolidated District Five
shall be shared equally by Consolidated Districts Three and
Four.
Step 7. The remaining funds from the countywide millage shall
be divided equally among the three districts based on their percentage
of the county's ADM.
(B) Beginning with the year 1997, a countywide school tax millage
levy of five mills for capital improvements, lease purchase
payments, or debt service purposes is hereby imposed and shall
be distributed by the county board to the consolidated school districts
on the following formula:
Step 1. Determine the countywide wealth per student by
dividing the total value of a countywide mill by the total average
daily membership (ADM) of the three consolidated districts. The
ADM will be determined by the prior year one hundred thirty-five
day report for each district.
Step 2. Determine each district's wealth per student by dividing
the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per
student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy
district by multiplying that district's variance from the highest wealth
per student by the district's ADM and multiplying by 25
mills; equalize the next least wealthy district by multiplying
that district's variance from ninety-five percent of the highest wealth
per student by the district's ADM and multiplying by 25
mills.
Step 5. The district with the lowest wealth per student is
assigned one mill.
Step 6. The remaining funds from the countywide millage shall
be divided equally among the three districts based on their percentage
of the county's ADM.
(C) The county board of education shall make the determinations
and allocations required by the formula established in this section.
(D) The county board of education, before July first of each year
beginning in 1998, shall determine whether the countywide tax
millage levy of twenty-five mills is sufficient to meet the five-year
phase-in of equalization of funding. Before September second of
each year, the board shall notify the county auditor and treasurer in
writing of the increase in countywide millage required for the
equalization of funding. The notice by the county board constitutes
authority for the levying and collection of the increase in countywide
millage upon all the real and personal property within the county.
Beginning in 1998, the county board may raise the countywide
millage by no more than three mills over that levied for the previous
year. This millage shall be added to the formula as the county board
determines best contributes to the phase-in of equalization.
(E) The county board shall hold a public hearing prior to its final
approval of any increase in the countywide millage. Notice of these
public hearings must be placed in a newspaper of general circulation
in the county at least fifteen days before the public hearing.
(F) Notwithstanding the requirements of this section, if new
construction and improvements are not exempted from any roll back
millage requirement, the formula shall not be implemented until the
millage can be adjusted to generate the projected revenue needed to
fund the formula."
SECTION 4. Section 6(5) of Act 526 of 1996 is amended to read:
"(5) adopt and modify attendance zones of schools within the
school district except that through school year 1998-99, existing
attendance zones cannot be changed; however, from 1998-99
through 2002-2003, no school may be closed unless a referendum of
qualified electors held within the affected attendance area approves
such a closing;"
SECTION 5. This act takes effect upon approval by the Governor.
-----XX----- |