Current Status Bill Number:3277 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970121 Primary Sponsor:Stuart All Sponsors:Stuart, Felder and Govan Drafted Document Number:jic\5278htc.97 Residing Body:House Date Tabled:19980114 Date of Last Amendment:19970604 Subject:Orangeburg County school districts, issuance of bonds; Bonds or Notes
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980114 Tabled
House 19980113 Debate adjourned on Senate
amendments until Wednesday, 19980114
Senate 19970604 Amended, read third time,
returned to House with amendment
Senate 19970207 Read second time, notice of
general amendments
Senate 19970206 Ordered to second reading with notice
of general amendments on Friday,
19970207
Senate 19970206 Introduced, read first time,
placed on local and uncontested
Calendar without reference
House 19970205 Read third time, sent to Senate
House 19970204 Read second time
House 19970129 Debate adjourned until
Tuesday, 19970204
House 19970123 Debate adjourned until
Tuesday, 19970128
House 19970121 Introduced, read first time,
placed on Calendar without reference
View additional legislative information at the LPITS web site.
AS PASSED BY THE SENATE
June 4, 1997
H. 3277
L. Printed 6/4/97--S.
Read the first time February 6, 1997.
TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
Amend Title To Conform
Whereas, Act 526 of 1996 consolidated the eight school districts of Orangeburg County into three districts effective July 1, 1997; and
Whereas, the effects of this school district consolidation shall have major impacts on the financial status and construction and renovation needs of Orangeburg County Schools; and
Whereas, it is appropriate for these financial impacts and construction and renovation needs to be addressed by the boards of trustees of the newly consolidated Orangeburg County Consolidated School Districts Three, Four, and Five. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2A of Act 526 of 1996 is amended to read:
"(A) Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code."
SECTION 2. Section 4(C) of Act 526 of 1996 is amended to read:
"(C) For purposes of 1997 only, the millage levied for the previous year of a consolidated district must be derived by dividing the total revenue raised in 1996 from school tax millage by each of the former school districts of the county now a part of that consolidated district by the total 1996 assessed value of all taxable property of those former districts less thirty twenty-five mills for general operations."
SECTION 3. Section 5 of Act 526 of 1996 is amended to read:
"Section 5. (A) Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year beginning in 1998 1999 so that the hold harmless for District Five totals three mills. The amount of hold harmless funds will be calculated by multiplying the value of a countywide mill times the number of hold harmless mills; less the district's equalized funds from the wealth per student calculation; plus the district share of the mill assigned to the district with the lowest wealth per student. The value of the mills phased out from the hold harmless for Consolidated District Five shall be shared equally by Consolidated Districts Three and Four.
Step 7. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(B) Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements, lease purchase payments, or debt service purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(C) The county board of education shall make the determinations and allocations required by the formula established in this section.
(D) The county board of education, before July first of each year beginning in 1998, shall determine whether the countywide tax millage levy of twenty-five mills is sufficient to meet the five-year phase-in of equalization of funding. Before September second of each year, the board shall notify the county auditor and treasurer in writing of the increase in countywide millage required for the equalization of funding. The notice by the county board constitutes authority for the levying and collection of the increase in countywide millage upon all the real and personal property within the county. Beginning in 1998, the county board may raise the countywide millage by no more than three mills over that levied for the previous year. This millage shall be added to the formula as the county board determines best contributes to the phase-in of equalization.
(E) The county board shall hold a public hearing prior to its final approval of any increase in the countywide millage. Notice of these public hearings must be placed in a newspaper of general circulation in the county at least fifteen days before the public hearing.
(F) Notwithstanding the requirements of this section, if new construction and improvements are not exempted from any roll back millage requirement, the formula shall not be implemented until the millage can be adjusted to generate the projected revenue needed to fund the formula."
SECTION 4. Section 6(5) of Act 526 of 1996 is amended to read:
"(5) adopt and modify attendance zones of schools within the school district except that through school year 1998-99, existing attendance zones cannot be changed; however, from 1998-99 through 2002-2003, no school may be closed unless a referendum of qualified electors held within the affected attendance area approves such a closing;"
SECTION 5. This act takes effect upon approval by the Governor.