H 3892 Session 109 (1991-1992)
H 3892 General Bill, By S.E. Gonzales
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.
04/11/91 House Introduced and read first time HJ-29
04/11/91 House Referred to delegation from Charleston HJ-30
05/23/91 House Delegation report: Favorable Charleston HJ-3
05/27/91 House Debate adjourned until Wednesday, May 29, 1991 HJ-1
05/30/91 House Amended HJ-67
05/30/91 House Read second time HJ-68
05/30/91 House Unanimous consent for third reading on next
legislative day HJ-68
05/31/91 House Read third time and sent to Senate HJ-1
06/04/91 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-9
04/29/92 Senate Committed to delegation from Charleston SJ-344
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
June 4, 1991,
H. 3892
Introduced by REP. Gonzales
L. Printed 6/4/91--S.
Read the first time June 4, 1991.
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 from time to time. 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. No
public funds may be expended on the costs of the referendum except for
those necessary to place the referendum on the ballot, conduct the
election, and provide factual information relating to the referendum
question. In no event may public funds be used for publication or
distribution of advertising to influence the outcome of the
referendum. 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.
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