H*3898 Session 108 (1989-1990)
H*3898(Rat #0263, Act #0284 of 1989) General Bill, By M.F. Jaskwhich and
S.G. Manly
A Bill to amend Act 275 of 1985, as amended, relating to the tax levy for the
Greenville County School District, so as to set the annual millage limitation
for the school district at eighty-four mills and to provide exceptions and the
manner or method of action for a higher millage and procedure for adjustment
of the millage and for conducting a referendum for a higher millage and to
provide for the terms of school trustees.-amended title
04/13/89 House Introduced and read first time HJ-15
04/13/89 House Referred to Committee on Ways and Means HJ-15
05/16/89 House Committee report: Favorable with amendment Ways
and Means HJ-22
05/16/89 House Debate interrupted HJ-26
05/17/89 House Amended HJ-35
05/17/89 House Debate interrupted HJ-41
05/17/89 House Read second time HJ-48
05/18/89 House Read third time and sent to Senate HJ-20
05/19/89 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-3
05/24/89 Senate Amended SJ-66
05/24/89 Senate Read second time SJ-68
05/24/89 Senate Ordered to third reading with notice of
amendments SJ-68
05/25/89 Senate Read third time and returned to House with
amendments SJ-27
05/29/89 House Concurred in Senate amendment and enrolled HJ-89
06/02/89 Ratified R 263
06/08/89 Signed By Governor
06/08/89 Effective date 06/08/89
06/08/89 Act No. 284
06/15/89 Copies available
(A284, R263, H3898)
AN ACT TO AMEND ACT 275 OF 1985, AS AMENDED, RELATING TO THE TAX LEVY FOR THE
GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO SET THE ANNUAL MILLAGE LIMITATION FOR
THE SCHOOL DISTRICT AT EIGHTY-FOUR MILLS AND TO PROVIDE EXCEPTIONS AND THE MANNER
OR METHOD OF ACTION FOR A HIGHER MILLAGE AND PROCEDURE FOR ADJUSTMENT OF THE
MILLAGE AND FOR CONDUCTING A REFERENDUM FOR A HIGHER MILLAGE AND TO PROVIDE FOR
THE TERMS OF SCHOOL TRUSTEES.
Be it enacted by the General Assembly of the State of South Carolina:
Millage, limitation, exceptions
SECTION 1. The board of trustees of the Greenville County School District may
levy for the general operation of the school district in any year a tax millage
not exceeding eighty-four mills, except when higher millage is authorized in the
manner permitted in Sections 2, 3, and 4 of this act.
Millage, authorization of
SECTION 2. An authorized tax levy for the general operations of the school
district of Greenville County above eighty-four mills is authorized in the manner
permitted in this section and Sections 3 and 4 of this act. Beginning in the
year after the referendum provided for in Section 5 is conducted and approved,
if conducted and approved, and thereafter, the board of trustees of the district,
upon a two-thirds recorded vote of its membership, may increase this eighty-four
mill authorization by not more than a total of three mills in any successive
two-year period. In determining these two-year periods, a particular year is to
be used once. That is to say by example that the first two years after the
referendum provided for in Section 5 is conducted and approved, if conducted and
approved, constitute a two-year period, and the two years immediately following
constitute the next successive two-year period. If the board determines that the
millage needs of the district in any year exceed the authorized limits of this
section, the excess millage desired must be approved by the qualified electors
of the district in a referendum called for this purpose by the board to be
conducted as provided in Section 4.
Millage, adjustment of
SECTION 3. (A) If in any year of equalization and reassessment the millage
authorized to be levied for the benefit of the district is reduced pursuant to
the provisions of Section 12-43-280 or any other provision of Article 3, Chapter
43, Title 12 of the 1976 Code, the reduced millage, for purposes of determining
the millage limitation provisions of Section 2 only, must be adjusted upward by
the county auditor to equalize on a value basis the number of mills that were
levied before equalization and reassessment as compared to the number of mills
that are authorized to be levied after equalization and reassessment. This
adjusted millage must be used in all calculations pertaining to that year for
purposes of determining the allowable millage increases without a referendum
under the provisions of Section 2. However, the allowable millage increase so
determined above must be added to the reduced millage for that year and not to
the adjusted millage figure determined above.
(B) If in any year the qualified electors of the district in the manner
authorized by this act approve of a millage levy in excess of that authorized to
be levied in Section 2 without a referendum, this excess millage becomes the
amount of millage for that year which must be used for purposes of determining
the millage limitation provisions of Section 2.
Referendum, supervision of
SECTION 4. (A) The county commissioners of election shall conduct and
supervise any referendum authorized by Section 2 in the manner governed by the
election laws of this State mutatis mutandi. The commissioners shall 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 costs of the referendum must be borne by the school district.
(B) The ballot must read substantially as follows:
"Must the tax millage for the year authorized to be levied for the general
operation of the School District of Greenville County be increased by a total of
mills above those levied in the past year?
Yes / /
No / /."
Referendum, procedure for
SECTION 5. Before the provisions of Sections 2, 3, 4, and 7 of this act may
take effect, the qualified electors of the school district of Greenville County
must first approve of its provisions in a referendum conducted by the election
commissions of the respective counties in the school district. The board of
trustees of the district is authorized to call this referendum but is not
required to call the referendum. If it does choose to call the referendum, the
board must call and set the referendum on November 7, 1989. The board shall frame
the question for the ballot. If multiple questions are used, each must receive
approval for any of the provisions of Sections 2, 3, 4, and 7 of this act to be
considered approved and for this purpose the provisions of Sections 2, 3, 4, and
7 of this act are declared to be nonseverable.
The county commissioners of election shall conduct and supervise this
referendum in the manner governed by the election laws of this State, mutatis
mutandi. The commissioners shall prepare the necessary ballots after the
questions for the ballot have been framed by the school board, 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 ninety days preceding
it in a newspaper of general circulation in the district and shall publish a
second notice thirty days before the referendum. The costs of the referendum
must be borne by the school district.
Section repealed
SECTION 6. Section 1 of Act 275 of 1985 is repealed.
School trustees, terms of
SECTION 7. Upon the approval of limited fiscal autonomy as provided in this act
being approved by the voters in a referendum, then notwithstanding any other
provision of law, the terms of office of all Greenville County school district
trustees thereafter elected, including incumbents who are reelected, must be two
years.
Time effective
SECTION 8. This act takes effect upon approval by the Governor. |