H 4689 Session 111 (1995-1996)
H 4689 General Bill, By Witherspoon, Keegan, Kelley, L.M.Martin and H.G.Worley
A Bill to amend Act 239 of 1983, relating to the procedure by which the budget
for the operation of the schools in Horry County is prepared, including the
millage and the approval process, so as to revise the procedure for preparing
the annual school budget, to revise the date by which school budgets must be
submitted to the county board of education, and to provide that the Horry
County Board of Education beginning with the year 1996 may not increase the
mills levied for school operating purposes by more than two and one-half
mills, that increases over two and one-half mills but not exceeding five mills
must be first approved by the governing body of Horry County by two-thirds
vote, and that increases over five mills must be first approved by the
qualified electors of the district in a referendum called for this purpose by
the board. View full text
02/28/96 House Introduced, read first time, placed on calendar
without reference HJ-4
03/06/96 House Read second time HJ-11
03/07/96 House Read third time and sent to Senate HJ-9
03/12/96 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-8
05/30/96 Senate Amended SJ-120
05/30/96 Senate Read second time SJ-120
05/31/96 Senate Read third time and returned to House with
amendments SJ-1
06/12/96 House Non-concurrence in Senate amendment HJ-8
06/13/96 Senate Senate insists upon amendment and conference
committee appointed Sens. Rankin, Elliott, Greg
Smith SJ-113
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 30, 1996
H. 4689
Introduced by REPS. Witherspoon, Worley, Martin, Keegan and
Kelley
L. Printed 5/30/96--S.
Read the first time March 12, 1996.
A BILL
TO AMEND ACT 239 OF 1983, RELATING TO THE
PROCEDURE BY WHICH THE BUDGET FOR THE
OPERATION OF THE SCHOOLS IN HORRY COUNTY IS
PREPARED, INCLUDING THE MILLAGE AND THE
APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE
FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO
REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST
BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION,
AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF
EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT
INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING
PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS,
THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT
NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED
BY THE GOVERNING BODY OF HORRY COUNTY BY
TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE
MILLS MUST BE FIRST APPROVED BY THE QUALIFIED
ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED
FOR THIS PURPOSE BY THE BOARD.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1 . Section 1 of Act 239 of 1983 is amended to
read:
"Section 1. The advisory boards of trustees,
superintendents, or principals of the several schools of Horry
County shall prepare a budget for the next succeeding school year
and submit it to the county board of education on or before
March April first of each year. The county board
of education shall prepare a budget based on the budgets submitted
by the trustees, superintendents, or principals and shall determine
the necessary millage for the operation of schools for the next
succeeding school year. This budget shall be submitted to the
senator and House members of Horry County on or before June
first of each year. The senator and the House members
county board of education shall instruct the county auditor
to levy the millage which in their its discretion is
necessary for school purposes on or before August first,
provided that, for the year 1996, the county board may increase the
millage levied for school operating purposes by not more than two
and one-half mills over that levied for the previous year after the
previous year's levy has been adjusted in the current year for the
EFA inflation factor and sufficiently to meet the requirements of
Section 59-21-1030 of the 1976 Code, if applicable.
A referendum shall be held in Horry County at the same time
as the 1996 general election on the question of whether or not the
qualified electors of the Horry County school district desire to give
to the governing body of Horry County or to the Horry County
legislative delegation the authority to increase the millage levy for
school operating purposes between two and one-half mills and five
mills for any year beginning in 1997. The referendum must be
conducted by the county commissioners of election. The county
commissioners of election shall conduct and supervise the
referendum in the manner governed by the election laws of this
State, mutatis mutandi. 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 as provided by law. The cost of the referendum shall
be paid by the school district.
The question put before the qualified electors of the district at the
1996 referendum shall read as follows:
"Do you favor granting to the governing body of the
county or to the county legislative delegation the right to increase
school millage in any year beginning in 1997 between two and
one-half mills and five mills?"
County Governing Body []
County Legislative Delegation []
Those voting in favor of the county governing body shall deposit
a ballot with a check or cross mark in the square after the words
"county governing body", and those voting in favor of
the county legislative delegation shall deposit a ballot with a check
or cross mark in the square after the words "county legislative
delegation". The entity selected by the qualified electors at
this referendum beginning in 1997 shall have the authority to
impose such millage increases.
Based on the results of the referendum provided for above,
beginning with the year 1997 the following procedure applies with
regard to millage levied for school operating purposes. Beginning
in year 1997, the county board in any year may increase the millage
levy for school operating purposes by not more than two and
one-half mills above that levied for the previous year, after the
previous year's levy has been adjusted in the current year for the
EFA inflation factor and sufficiently to meet the requirements of
Section 59-21-1030 of the 1976 Code, if applicable. Any increase
above two and one-half mills, but not exceeding five mills, must
first be approved by either the governing body of the county or the
county legislative delegation as determined by the results of the
referendum provided for above. Any increase above five mills
must first be approved by the qualified electors of the district in a
referendum called for this purpose by the county board.
The above millage limitations do not apply to millage levied for
school bonded indebtedness purposes."
SECTION 2. Section 1 of Act 287 of 1989 is amended to
read:
"Section 1. (A) The Horry County Board of Education
must be composed of those members selected in the manner
provided by this act. Beginning after the 1998 general election,
the board shall consist of twelve members, to include a chairman to
be elected from the county at-large in a non-partisan election
beginning with the 1998 general election, and eleven members
elected from single member districts.
(B) Beginning with the 1998 general election the chairman must
be elected from the county at-large in a non-partisan election to be
held at the time of the general election for a term of office of four
years and until his successor is elected and qualifies. Until the
1998 general election, the chairman shall continue to be elected by
the members of the board from among the board membership.
(C)(1) For the purposes of this act, the single-member
election districts from which members of the Horry County Council
are elected also constitute the election districts from which members
of the board must be elected and these county Board of Education
single-member election districts must have the same numerical
designations as the county council election districts.
(2) In the 1990 general election, one member must be
elected to the board from districts 1, 2, 3, 6, 7, and 10 by the
qualified electors of each respective district for terms of four years
and until each successor is elected and qualifies, and one member
must be elected to the board from districts 8, 9, and 11 by the
qualified electors of each respective district for terms of two years
and until each successor is elected and qualifies. The present
members of the board who are residents of districts 4 and 5 and the
present member of the board who is a resident of district 8 whose
current term expires in 1992 shall also continue to serve as
members of the board until the expiration of their current terms in
1992.
(B) (3) In the 1992 general election, in addition
to the successors to the members elected to the board in the 1990
election from districts 8, 9, and 11, one member must also be
elected to the board from districts 4 and 5 by the qualified electors
of each respective district for terms of four years and until each
successor is elected and qualifies.
(4) The successors to the members elected from
single-member districts in 1990 and 1992 must be elected in
the same manner at the general election every two or four years
thereafter for terms of four years. Beginning with the 1998
general election, successors must be elected in a nonpartisan
election to be held at the time of the general election.
(D) Beginning with candidates filing for the 1998 general
election, all candidates for the board shall file a statement of
candidacy with the county election commission not later than twelve
o'clock noon on September first or, if September first falls on
Sunday, not later than twelve o'clock noon on the following
Monday.
(C) (E) A member of the board elected from a
defined single-member district must be a resident of that election
district and must be elected by the qualified electors of that district.
Vacancies must be filled by appointment of the board until the next
scheduled election at which time the vacancy must be filled for the
remainder of the unexpired term or for a new full term as the case
may be.
(D) (F) The board shall elect a chairman
and those other officers it considers necessary from among its
membership for terms as officers as set by the board."
SECTION 3. All acts or parts of acts inconsistent herewith are
repealed.
SECTION 4. This act takes effect upon approval by the
Governor.
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