Current Status Introducing Body:House Bill Number:4976 Primary Sponsor:Harrelson Committee Number:25 Type of Legislation:GB Subject:Citizens-Council Partnership Act Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1130DW.94 Introduced Date:19940324 Last History Body:House Last History Date:19940324 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrelson Sharpe Wright Riser Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4976 House 19940324 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-56 SO AS TO ENACT THE CITIZENS-COUNCIL PARTNERSHIP ACT, TO PROVIDE A PROCEDURE FOR THE QUALIFIED ELECTORS OF A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT TO REPEAL, MODIFY, OR INSTITUTE SERVICES OR TAXES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT MANDATE REQUIREMENTS ON THESE POLITICAL SUBDIVISIONS UNLESS THE MANDATE OR REQUIREMENT IS FUNDED BY THE GENERAL ASSEMBLY, AND TO APPROPRIATE THREE HUNDRED THOUSAND DOLLARS TO IMPLEMENT A PLAN TO MAINTAIN AND SUPPORT A PUBLIC SYSTEM OF SCHOOLS WITH THE GENERAL ASSEMBLY FUNDING ONLY ONE SCHOOL DISTRICT IN EACH COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Because there appears to be a general distrust of elected officials there is created the Citizens-Council Partnership Act.
SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-56. (A)(1) Upon the petition of ten percent of the qualified electors of a county, municipality, or special, or public service district, of any matter affecting the repeal, modification, or institution of these political subdivisions, services or taxes must be placed upon the agenda of the respective subdivision at its next county meeting, occurring at least fifteen days after that time, and if concurred in by a majority vote of council in three readings the matter petitioned shall become law, commencing at the beginning of the next fiscal year. If the matter is not concurred in by a majority of council, the question must be placed on the ballot of the next general election.
(2) Services and taxes for a debt service in place on the effective date of this section are exempt from the provisions of this section if the debt has not been retired.
(3) No petition affecting the same service or tax may be received by council until one year has expired from the previous petition for the same matter.
(4) Council, on its own initiative, by a three-fifths vote and three readings, may institute a new service or levy a tax rollback. If ten percent of the qualified electors petition council, the service or tax must be submitted to a referendum by the qualified electors of the political subdivision no later than the next general election. If approved by a majority of the qualified electors in the referendum, the service or tax, or both becomes law ninety days after that time or at the time specified in the referendum.
(B)(1) The General Assembly may not mandate any requirements upon the political subdivision listed in subsection (A)(1) requiring the imposition of taxes to comply unless the mandate or requirement is funded by the General Assembly.
(2) Pursuant to Article XI, Section 3 of the South Carolina Constitution, the State is required to maintain and support a public system of schools free to all children of the State and whereas all citizens are to be treated equally, the State, commencing with the fiscal year of 1996-97, shall fund fully a public system of schools of equal standards free to all children of the State to be administered by the State Department of Education and the respective local school boards provided, however, that the State may not be required to provide operational expenses to more than one board in any county.
(3) The sum of three hundred thousand dollars is appropriated from the general fund of the State to the respective counties of the State upon a per capita basis to implement the terms of this subsection and the State Department of Education is directed to expend from its operational funds the amount necessary to implement subsection (B) of this section."
SECTION 3. This act takes effect upon approval by the Governor.