H 3734 General Bill, By S.E. Gonzales, J.J. Bailey, R.C. Fulmer, H.M. Hallman, 
H.G. Hutson and R.M. Young
 A Bill to amend Act 340 of 1967, as amended, relating to the board of trustees
 of the Charleston School District and the manner in which the annual tax
 millage for the district is determined, so as to revise this procedure
 including provisions authorizing a referendum for increasing the millage cap
 and authorizing Charleston County Council to approve a change in the annual
 millage cap.

   03/17/93  House  Introduced, read first time, placed on calendar
                     without reference HJ-7
   03/18/93  House  Read second time HJ-24
   03/23/93  House  Read third time and sent to Senate HJ-19
   03/24/93  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-6
   06/14/93  Senate Read second time SJ-20
   06/14/93  Senate Ordered to third reading with notice of
                     amendments SJ-20

INTRODUCED

March 24, 1993

H. 3734

Introduced by REPS. Gonzales, R. Young, Hallman, Harrell, Fulmer, Hutson and J. Bailey

L. Printed 3/24/93--S.

Read the first time March 24, 1993.

A BILL

TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.

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

SECTION 1. Section 10 of Act 340 of 1967, as last amended by Act 1602 of 1972, is further amended to read:

"Section 10. The Board of Trustees of the Charleston School District shall prepare and submit to the Charleston County Legislative Delegation Council, as information, on or before the fifteenth day of August of each year beginning in 1968 a proposed budget for the ensuing school year. In order to obtain funds for school purposes the board is authorized to impose an annual tax levy, commencing in 1968, not to exceed ninety mills, exclusive of any millage imposed for bond debt service. In the event If the board determines that the annual tax levy should exceed ninety mills cap on the maximum annual millage should be raised, the board shall hold a public hearing on the question at least two weeks prior to before submitting such the request to the legislative delegation Charleston County Council. Notice of such the public hearing shall must be advertised in a newspaper of general circulation in the county, and shall must state the date, time, and place of the hearing as well as a clearly worded statement of the requested annual tax levy. Charleston County Council may raise or lower the cap on the maximum annual millage at any time, whether or not a request for a change has been received from the Board of Trustees of the Charleston County School District. Action by Charleston County Council changing the maximum annual millage may be either permanent or for a fixed number of years, as the council may determine. Should the council reject a request from the board for an increase in the maximum annual millage cap, the board may call for a referendum to approve a temporary increase in the cap, and upon favorable approval by referendum, the temporary increase becomes effective. The referendum proposal may be for an increase in the cap for a period of not more than two years and no temporary increase in the cap may exceed the previous cap by more than ten percent, with the exact term and amount to be determined by the board. No more than one referendum may be held each two calendar years. The school district shall bear the cost of the referendum which must be conducted by the county election commission at the time of the general election. Upon certification by the board to the county auditor of the tax levy to be imposed in each year, the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district."

SECTION 2. This act takes effect upon approval by the Governor.