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S*716 Session 115 (2003-2004)
S*0716(Rat #0152, Act #0155 of 2003) General Bill, By Matthews and Hutto
AN ACT TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY
CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE
DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF
THESE BOARDS, SO AS TO AUTHORIZE THE MEMBERS OF THE COUNTY BOARD OF EDUCATION
TO RECEIVE ONE THOUSAND TWO HUNDRED DOLLARS COMPENSATION FOR BOARD MEETINGS
ATTENDED IN A FISCAL YEAR; TO PROVIDE THAT THE ANNUAL OPERATING BUDGET OF THE
COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF TWO-TENTHS MILL;
TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL
OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG
THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY
MEMBERSHIP FORMULA AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS
FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE
DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER
IN THIS FORMULA AND TO REVISE THE ADJUSTMENT IF THE RESULT IS ZERO OR LESS;
AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO
THE CONSOLIDATED SCHOOL DISTRICTS. - ratified title
05/22/03 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-7
05/22/03 Senate Unanimous consent for second reading on next
legislative day
05/22/03 Senate Unanimous consent for third reading on next
legislative day
05/23/03 Senate Read second time SJ-9
05/27/03 Senate Amended SJ-30
05/27/03 Senate Read third time and sent to House SJ-30
05/28/03 House Introduced and read first time HJ-13
05/28/03 House Referred to Orangeburg Delegation HJ-13
05/29/03 House Delegation report: Favorable Orangeburg
Delegation HJ-67
05/29/03 House Read second time HJ-68
05/29/03 House Reconsidered HJ-73
05/29/03 House Amended HJ-74
05/29/03 House Read second time HJ-74
05/29/03 House Unanimous consent for third reading on next
legislative day HJ-74
05/30/03 House Read third time and returned to Senate with
amendments HJ-3
06/05/03 Senate Concurred in House amendment and enrolled SJ-77
06/05/03 Ratified R 152
06/26/03 Signed By Governor
07/07/03 Copies available
07/07/03 Effective date 06/26/03
10/23/03 Act No. 155
S. 716
(A155, R152, S716)
AN ACT TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THESE BOARDS, SO AS TO AUTHORIZE THE MEMBERS OF THE COUNTY BOARD OF EDUCATION TO RECEIVE ONE THOUSAND TWO HUNDRED DOLLARS COMPENSATION FOR BOARD MEETINGS ATTENDED IN A FISCAL YEAR; TO PROVIDE THAT THE  ANNUAL OPERATING BUDGET OF THE COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF TWO-TENTHS MILL; TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY MEMBERSHIP FORMULA AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER IN THIS FORMULA AND TO REVISE THE ADJUSTMENT IF THE RESULT IS ZERO OR LESS; AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO THE CONSOLIDATED SCHOOL DISTRICTS.
Be it enacted by the General Assembly of the State of South Carolina:
Annual compensation established
SECTION 1. Section 3(A) of Act 526 of 1996, is amended by adding at the end:
"The county board shall meet and members shall receive up to twelve-hundred dollars compensation for board meetings attended in a fiscal year."
Annual operating budget set at two-tenths mill
SECTION 2. Section 3(E) of Act 526 of 1996 is amended to read:
"(E) The county board of education also shall:
(1) serve as arbitrator in disputes concerning school district lines;
(2) receive a copy of each district's annual audit of its financial affairs;
(3) adopt an annual budget for the operations of the county board which at no time may in dollar terms exceed the value of two-tenths mill; and
(4) prescribe a uniform salary schedule for all certified teachers to be effective beginning with school year 1997-98."
Unused funds to be transferred
SECTION 3. Section 3 of Act 526 of 1996 is amended by adding at the end:
"(G) Funds from fiscal years ending before June 30, 2002, remaining on this act's effective date previously under the control or use of the Orangeburg County Board of Education for the operation of the county board of education must be distributed among the three consolidated districts in the same proportion as funds are distributed to these districts in accordance with the average daily membership formula pursuant to Section 5(A) of this act. Additionally on July 15, 2003, the Orangeburg County Board of Education shall transfer all unused funds from its fiscal year ending June 30, 2003, to the three consolidated districts in accordance with this subsection, except ten thousand dollars, which the county board shall retain for operational purposes."
Millage raised is in addition to EFA adjustments
SECTION 4. Section 4(A) of Act 526 of 1996 is amended to read:
"(A) The board of trustees of each consolidated school district, before July first of each year beginning in 1997, shall prepare a school district budget for the ensuing school year. Before September second of each year beginning in 1997, the board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 1997, a school district may raise its millage by not more than three mills over that levied for the previous year, in addition to any millage needed to adjust for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code. Any increase above this three mills for operations may be levied only after a majority of the registered electors of the district voting in a referendum called by the board of trustees of the district and conducted by the county election commission vote in favor of the millage increase. However, Consolidated District Four is permitted to adjust millage to compensate for the loss of Education Finance Act funding attributable to the assessed valuation of the Cope Electric Generating Station. The amount of decrease in the Education Finance Act funding resulting from the generating station must be certified by the State Department of Education. This millage adjustment shall occur only once and must be limited to the millage needed to replace the Education Finance Act funds."
Equalization of wealth per student formula revised
SECTION 5. Section 5(A) and (B) of Act 526 of 1996 is amended to read:
"(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 monthly 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. If the result is zero or less, no equalization adjustment shall be made for the next least wealthy district.
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. 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.
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 or debt service purposes is hereby imposed and shall be distributed monthly 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 5 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 5 mills. If the result is zero or less, no equalization adjustment shall be made for the next least wealthy district.
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."
Obsolete provisions deleted
SECTION 6. Section 9 of Act 526 of 1996 is amended to read:
"Section 9. The eight present school districts of Orangeburg County shall be abolished on July 1, 1997, at which time the consolidated school districts of the county as herein provided shall be established. The terms of all members of the boards of trustees of the eight present school districts of the county shall expire on this date. However, the members of the board of trustees of each consolidated school district elected at the 1997 nonpartisan election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date and until July 1, 1997, the boards may organize, begin planning for the changeover to a consolidated district, enter into contracts to effectuate these purposes, and perform other related matters pertaining thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and no consolidated board may do anything to interfere with this authority."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2003.
Approved the 26th day of June, 2003.
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