Current Status Introducing Body:
SenateBill Number: 1519Ratification Number: 542Act Number: 593Primary Sponsor: RoseType of Legislation: GBSubject: Dorchester County school districts No.'s 2 and 4Date Bill Passed both Bodies: Jun 03, 1992Computer Document Number: DKA/3842.ALGovernor's Action: SDate of Governor's Action: Sep 03, 1992Introduced Date: Apr 28, 1992Date of Last Amendment: Jun 03, 1992Last History Body: ------Last History Date: Oct 07, 1992Last History Type: Act No. 593Scope of Legislation: StatewideAll Sponsors: RoseType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1519 ------ Oct 07, 1992 Act No. 593 1519 ------ Sep 03, 1992 Signed by Governor 1519 ------ Jun 04, 1992 Ratified R 542 1519 Senate Jun 03, 1992 Concurred in House amendment, enrolled for ratification 1519 House Jun 03, 1992 Amended, read third time, returned to Senate with amendments 1519 House Jun 02, 1992 Amended, read second time 1519 House Jun 02, 1992 Dorchester Delegation Report: 00 Favorable with amendment 1519 House May 05, 1992 Introduced, read first time, 00 referred to Dorchester Delegation 1519 Senate Apr 30, 1992 Read third time, sent to House 1519 Senate Apr 29, 1992 Read second time 1519 Senate Apr 28, 1992 Unanimous consent for second and third reading on the next two consecutive Legislative days 1519 Senate Apr 28, 1992 Introduced, read first time, placed on Local and Uncontested Calendar without referenceView additional legislative information at the LPITS web site.
AN ACT TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT EACH DORCHESTER COUNTY SCHOOL DISTRICT MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, TO PROVIDE THAT THE TAX MILLAGE SET BY DORCHESTER SCHOOL DISTRICTS 2 AND 4 MAY NOT INCREASE BEYOND THE REVENUE REQUIREMENTS OF EFA AND EIA PLUS A LIMITED CASH RESERVE WITHOUT THE APPROVAL OF THE DORCHESTER COUNTY COUNCIL, TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE, TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE, TO PROVIDE FOR SEVERABILITY IN THE EVENT A PROVISION IS HELD INVALID; AND TO PROVIDE THE FILING PROCEDURES FOR A SEAT ON THE DARLINGTON COUNTY SCHOOL DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
School board determines budget
SECTION 1. Section 1 of Act 267 of 1987 is amended to read:
"Section 1. For the school year 1992-93 and for all school years thereafter, the boards of trustees of all school districts in Dorchester County shall prepare annual budgets for general school purposes and submit the budgets to the Dorchester County Council. The respective board of trustees of each school district in Dorchester County may determine the budget of its school district with regard to revenue required by the Education Finance Act and the Education Improvement Act without the approval of any other authority. The authority conferred on the Board of Trustees of School District 4 by the provisions of this section is effective only after the election and qualification of the board."
Tax millage set by board and cash reserve required
SECTION 2. Section 3 of Act 267 of 1987 is amended to read:
"Section 3. For the school year 1992-93 and for all school years thereafter, the tax millage for the annual operating budget for Dorchester County School District 2 and Dorchester County School District 4 set by each respective school district may not increase beyond the revenue requirements of the Education Finance Act and the Education Improvement Act plus the limited cash reserve as defined in Section 3 (Section 3 means Section 3 of the 1992 act establishing the cash reserve and not this section), without the approval of the Dorchester County Council. The council may not assign or delegate its authority under this act to any other entity."
Limits on cash reserve
SECTION 3. Dorchester County School Districts 2 and 4 each may maintain a limited cash reserve not exceeding five percent of the total operating budget for the respective school district for the year in which the cash reserve is maintained. The cash reserve may be funded only by any accumulation of revenue in excess of budgeted amounts and not by the levy of additional taxes as part of the budget. Monies in the cash reserve may not be used to fund any expenditure for which any general obligation bond may be issued as provided by law.
Millage for local funding effort
SECTION 4. In determining the amount of millage to raise taxes to fulfill the amount of local funding effort for a school district's operating budget, Dorchester County School Districts 2 and 4, respectively, must calculate the amount of taxes to be raised by subtracting from the amount of local effort required by the Education Finance Act and the Education Improvement Act the amount of all monies collected during the previous year in excess of the approved budget, plus any interest accrued thereon, except for any monies accumulated under Section 3 and interest accrued thereon through the last day of the last budget year up to the amount of the limited cash reserve permitted by Section 3.
The amount of excess funds and accrued interest referred to in the preceding paragraph must be determined each year by an independent auditor before the millage is set to collect taxes for the Education Finance Act and the Education Improvement Act local effort.
SECTION 5. If any provision of this act is held invalid, the invalidity does not affect other provisions which must be given effect without the invalid provision and to this end the provisions of this act are severable.
Filing procedure for Darlington County School Board
SECTION 6. Notwithstanding any other provision of law, beginning with the 1992 election and for each election thereafter, a person wishing to become a candidate for a seat on the Board of Education of the Darlington County School District shall submit his name by noon on September first, or, if September first falls on a Sunday or a legal holiday, by noon on the next regular business day, to the authority which is charged by law with conducting the election, along with any other information that that authority considers necessary, on forms to be provided by the authority. That authority shall cause to be published in a newspaper of general circulation in the county two notices of the election, including its date, the deadline for submitting a name as a candidate, and all other appropriate information regarding the election. The first notice must be published not earlier than thirty days before the deadline for submitting a name as a candidate, and the second notice must be published not later than seven days before the deadline for submitting a name as a candidate.
SECTION 7. This act takes effect upon approval by the Governor.
In the Senate House June 4, 1992.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Approved the 3rd day of September, 1992.
Carroll A. Campbell, Jr.,
Printer's Date -- September 10, 1992 -- L.