Current Status Bill Number:4689 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960228 Primary Sponsor:Witherspoon All Sponsors:Witherspoon, Worley, Martin, Keegan and Kelley Drafted Document Number:jic\5319sd.96 Current Committee:Conference Committee 88 SCC Date of Last Amendment:19960530 Subject:Horry County school districts, budget and tax millage
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960613 Conference powers granted, 88 SCC Rankin
appointed Senators to Committee Elliott
of Conference Greg Smith
Senate 19960613 Insists upon amendment
House 19960612 Non-concurrence in Senate amendment
Senate 19960531 Read third time, returned to House
with amendments
Senate 19960530 Amended, read second time,
unanimous consent for third reading
on Friday, 19960531
Senate 19960312 Introduced, read first time,
placed on local and uncontested
Calendar without reference
House 19960307 Read third time, sent to Senate
House 19960306 Read second time
House 19960228 Introduced, read first time,
placed on Calendar without reference
View additional legislative information at the LPITS web site.
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.
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.